Mississippi Complaint to Modify Child Custody, Child Support, Alimony and Related Relief

State:
Mississippi
Control #:
MS-61814
Format:
Word; 
Rich Text
Instant download

Definition and meaning

The Mississippi Complaint to Modify Child Custody, Child Support, Alimony and Related Relief is a legal document filed in court when a party seeks to change existing orders regarding child custody, child support, or alimony due to a significant change in circumstances. This form indicates the request to modify prior judgments related to family law matters in Mississippi.

Who should use this form

This form is intended for individuals who have previously obtained a divorce decree and wish to request modifications regarding child custody or financial support obligations. Parents who have experienced changes in their living situation, income, or responsibilities may find this form beneficial.

Key components of the form

The form typically includes sections such as:

  • Parties involved: Names of the plaintiff and defendant.
  • Existing orders: Reference to the original custody and support agreements.
  • Material change in circumstances: Explanation of the change that justifies the modification.
  • Requested modifications: Specific changes sought regarding custody, support, and alimony.
  • Signature and notarization: Required acknowledgment by a notary public.

How to complete a form

To successfully complete the Mississippi Complaint to Modify Child Custody, Child Support, Alimony and Related Relief, follow these steps:

  1. Identify the parties involved and their current circumstances.
  2. Clearly state the material changes that justify the modification.
  3. List the specific modifications you seek in relation to custody, support, or alimony.
  4. Sign the document in the presence of a notary public.
  5. File the completed form with the appropriate court in your county.

Common mistakes to avoid when using this form

When filing the Complaint to Modify, keep in mind:

  • Ensure all parties are correctly named and their roles defined.
  • Provide a clear explanation of the material change in circumstances.
  • Avoid leaving sections incomplete; every part of the form should be filled out properly.
  • Do not forget to sign before a notary, as this can delay processing.

What to expect during notarization or witnessing

During the notarization process:

  • You must present valid identification to the notary.
  • The notary will verify your identity and witness your signature on the document.
  • Once notarized, the notary will affix their seal and sign the document, making it officially recognized.

Benefits of using this form online

Utilizing the Mississippi Complaint to Modify Child Custody, Child Support, Alimony and Related Relief online can offer several advantages:

  • Convenience of accessing the form from anywhere at any time.
  • Reduction of printing and mailing costs associated with paper forms.
  • Access to templates that are regularly updated to comply with current laws.
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FAQ

Child support responsibilities usually end when the child turns 21 years of age, enters the military, gets married, becomes self-supporting or is adopted by a third party. A parent can seek a reduction in his/her child support payments if his/her salary decreases.

The statute of limitations for child support arrears in Mississippi is 7 years past age of majority.

One of the most misunderstood obligations in Mississippi is the obligation to pay support for children until the age of 21 or until they become emancipated and self-supporting. Many states only require support until 18.

In Mississippi for one child the non-custodial parent pays 14% of their adjusted gross income. For two children the non-custodial parent pays 20% of their adjusted gross income. For three children the non-custodial parent pays 22% of their adjusted gross income.

Modifying Child Support Without Going to Court It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.

Child support responsibilities usually end when the child turns 21 years of age, enters the military, gets married, becomes self-supporting or is adopted by a third party. A parent can seek a reduction in his/her child support payments if his/her salary decreases.

Child Support Modifications Aren't (Usually) Retroactive For the most part, modifications made to child support orders only go back to the date the request for the change was filed.In most cases, the court will only consider changing the child support order back to the date you filed the motion to modify.

A child support assessment can be changed retrospectively to increase the amount of child support payable during past periods. This can occur as a result of late lodgement of tax returns which result in a higher rate of child support, or where an Estimate of Income is reconciled and replaced with a higher income.

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Mississippi Complaint to Modify Child Custody, Child Support, Alimony and Related Relief